"Veterans are pushed through the claims process so fast. VA examiners might do an exam for orthopedic disabilities, the next one may be hearing loss. The next one may be some other type of disability. And when you’re a physician’s assistant doing that for a living, the odds of you having any real knowledge of complicated exposures, such as burn pits, it’s not likely." Kerry … [Read more...] about Iraq and Afghan war vets exposed to toxic air struggle for breath — and a diagnosis | PBS NewsHour
When a Veteran starts considering whether or not to file a Veterans Affairs Disability Claim, there are a lot of questions that he or she tends to ask. Over the last 10 years, the following are the 14 most common basic questions I am asked about when it comes to filing Veterans Affairs Disability Claims. [Reprinted here with permission from Veterans Law Blog] 1. What benefits … [Read more...] about 14 Questions about VA Disability Compensation Benefits Claims
USCAVC Sharp v. Shulkin No. 16-1385 Mr. Sharp, an Army Korean War veteran who suffers from numerous musculoskeletal injuries, argued that Veterans Affairs medical examinations he received were inadequate because the examiner failed to “ascertain adequate information — i.e., frequency, duration, characteristics, severity, or functional loss — regarding his flares by alternative … [Read more...] about Musculoskeletal VA Disability Claims – Sharp v Shulkin May Make Higher Disability Percentage Ratings Possible
Disability Benefits Questionnaire (DBQ) Veterans now have more control over the disability claims process. Veterans have the option of visiting a private health care provider instead of a VA facility to complete their disability evaluation form. Veterans can have their providers fill out any of the more than 70 DBQs that are appropriate for their conditions and submit them … [Read more...] about List By Symptom – VA Disability Compensation
38CFR4 Total Disability Ratings §4.15 Total disability ratings. The ability to overcome the handicap of disability varies widely among individuals. The rating, however, is based primarily upon the average impairment in earning capacity, that is, upon the economic or industrial handicap which must be overcome and not from individual success in overcoming … [Read more...] about 38CFR4 Total Disability Ratings
VA TL 10-07 below Rescinds VA TL 07-01 | September 14, 2010 | SUBJ: Adjudication of Claims for Total Disability Based on Individual Unemployability (TDIU) PURPOSE Our purpose in issuing this training letter is to revise and clarify our policies and procedures concerning the adjudication of TDIU decisions in order to restore the original intention of the TDIU evaluation – … [Read more...] about Total Disability Ratings Based on Individual Unemployability (IU) – VA Training Letter 10-97 Rescinds Training Letter 07-01
Excerpt from Hill and Ponton's What is Post Traumatic Stress Disorder (PTSD) The goal for many veterans is to get to a 100 percent disability rating, but this is not always possible through the rating schedule due to an individual’s particular conditions. But, there is another way to be awarded a 100 percent rating: total disability based on individual unemployability … [Read more...] about Unemployability from Hill and Ponton
I can't work if I'm getting Unemployability, right? No, in fact, unemployability does not always mean that a veteran is not working. The key, however, is that all income earned from employment must be at or below the poverty level, or from a job that is considered to be “sheltered”. These types of marginal employment are not considered as substantially gainful … [Read more...] about Can I work and receive TDIU? Yes, in some cases you can.
You've just been rated 100% disabled by the Veterans Affairs. After the excitement of finally having the rating you deserve wears off, you start asking questions. One of the first questions that you might ask is this: It's a legitimate question - rare is the Veteran that finds themselves sitting on the couch eating bon-bons after being rated 100% disabled. Some Veterans like … [Read more...] about Can a 100 percent Disabled Veteran Work and Earn an Income?
Can I apply for VA disability compensation for a disease or injury diagnosed after service? Short Answer Yes you can. Read on. Service connection may be established for a disability resulting from diseases or injuries which are clearly present in service or for a disease diagnosed after discharge from service, when all the evidence, including that pertinent to service, … [Read more...] about Can I apply for VA disability compensation for a disease or injury diagnosed after service?